S v Luthuli and Another (374/86) [1987] ZASCA 8 (12 March 1987)

S v Luthuli and Another (374/86) [1987] ZASCA 8 (12 March 1987)

The Supreme Court of Appeal held that the trial court did not misdirect itself in finding that there were no extenuating circumstances in respect of either appellant. The evidence did not support the claim that the first appellant acted out of fear of Thuli's supernatural powers, nor that the second appellant was influenced by either Thuli or the first appellant, or by alcohol. Both appellants made Thuli's plan their own and acted with callous disregard for human life, demonstrating independent initiative and moral blameworthiness. The trial court's findings were reasonable and supported by the evidence. Accordingly, the appeals against the finding of no extenuating circumstances and the...

Citation
[1987] ZASCA 8
Parties
Appellant: Alpheus Mphateni Luthuli; Appellant: Victus Azmokwakhe Gumede; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
12 March 1987
Case Number
374/86
Procedural Posture
Criminal Appeal / Appeal Against Sentence and Finding of No Extenuating Circumstances
Outcome
Appeals dismissed; convictions and sentences confirmed.
Judges
Corbett, Nestadt, Vivier
Legal Topics
Murder, Attempted Murder, Extenuating Circumstances, Sentencing, Common Purpose
Criminal Law Murder Attempted Murder Extenuating Circumstances Sentencing Common Purpose

Case Brief

Summary, issues, holding and outcome

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Parties

Alpheus Mphateni Luthuli

Appellant

Victus Azmokwakhe Gumede

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Finding of No Extenuating Circumstances

Legal Issues

  1. 1 Whether the trial court erred in finding that there were no extenuating circumstances in respect of the appellants.
  2. 2 Whether the death sentence imposed on the appellants should be set aside.
  3. 3 Whether the appellants acted under the influence of a third party, Thuli, and whether this reduced their moral blameworthiness.

Ratio Decidendi

The Supreme Court of Appeal held that the trial court did not misdirect itself in finding that there were no extenuating circumstances in respect of either appellant. The evidence did not support the claim that the first appellant acted out of fear of Thuli's supernatural powers, nor that the second appellant was influenced by either Thuli or the first appellant, or by alcohol. Both appellants made Thuli's plan their own and acted with callous disregard for human life, demonstrating independent initiative and moral blameworthiness. The trial court's findings were reasonable and supported by the evidence. Accordingly, the appeals against the finding of no extenuating circumstances and the...

Court Disposition

Appeals dismissed; convictions and sentences confirmed.

Orders

  • The appeals against the finding of no extenuating circumstances and the death sentences are dismissed.
  • The sentences imposed by the trial court stand.